2021 Delaware Code
Title 19 - Labor
Chapter 19. Delaware Workplace Adjustment and Retraining
§ 1904. Notice

Universal Citation: 19 DE Code § 1904. (2021)
§ 1904. Notice

(a) An employer may not order a mass layoff, plant closing, or relocation if the mass layoff, plant closing, or relocation will cause an employment loss unless, at least 60 days before the order takes effect, the employer gives written notice of the order to all of the following:

(1) Affected employees and the representatives of affected employees.

(2) The Delaware Department of Labor Division of Employment and Training, WARN Act Administrator.

(3) The Delaware Workforce Development Board established pursuant to the federal Workforce Innovation Opportunity Act (P.L. 113-128) for the locality in which the mass layoff, plant closing or relocation will occur.

(b) An employer required to give notice of any mass layoff, plant closing or relocation under this chapter shall include in its notice the elements required by the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.). Notice shall include the name, job title, home address, telephone number, and email address of each planned dislocated worker. Notice shall also include general information regarding any payouts, severance packages, job relocation opportunities and retirement options that will be offered to the dislocated workers. Notice shall include whether the employer is self-insured for workers' compensation insurance pursuant to Chapter 23 of this title.

(c) Notwithstanding the requirements of subsection (a) of this section, an employer is not required to provide notice if a mass layoff, plant closing or relocation is necessitated by a physical calamity or an act of terrorism or war.

(d) The mailing of notice to an employee's last known address by either first class or certified mail, the hand delivery of notice to an employee, or the inclusion of notice in an employee's paycheck shall be considered acceptable methods for fulfillment of the employer's obligation to give notice to each affected employee under this chapter.

(e) In the case of a sale of part or all of an employer's business, the seller shall be responsible for providing notice for any mass layoff, plant closing or relocation where any of the above will cause an employment loss, in accordance with this section, up to and including the effective date of the sale. After the effective date of the sale of part or all of an employer's business, the purchaser shall be responsible for providing notice for any mass layoff, plant closing or relocation where any of the above will cause an employment loss, in accordance with this section. Notwithstanding any other provision of this chapter, any person who is an employee of the seller as of the effective date of the sale shall be considered an employee of the purchaser immediately after the effective date of the sale.

(f) Nothing set forth herein shall be read to abridge, abrogate, or restrict the right of any state or local entity to require an employer that is receiving state or local economic development incentives for doing or continuing to do business in this State from being required to provide additional or earlier notice as a condition for the receipt of such incentives.

(g) Nothing set forth herein shall be read to prevent an employer who is not required to comply with the notice requirements of this section, to the extent possible, to provide notice to its employees about a proposal to close a plant or permanently reduce its workforce.

81 Del. Laws, c. 312, § 1;  82 Del. Laws, c. 141, § 19; 
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